192. Memorandum From Secretary of State Vance to President Carter1

[Omitted here is material unrelated to Rhodesia.]

3. Comparison of Anglo/American Proposal with Rhodesian Internal Agreement: I attach for your consideration a comparison of the elements of the Anglo/American plan and those of the internal agreement, in tabular form.2

Attachment

Paper Prepared in the Department of State3

COMPARING THE ANGLO-AMERICAN PROPOSALS WITH THE SALISBURY TALKS

The announcement in Salisbury of an agreement4 on some principles to be embodied in a constitution for an independent Zimbabwe has engendered a debate on the relative merits of what has been agreed so far in the internal talks, compared with the Anglo-American proposals. A major problem we have had in assuring the significance of the Salisbury talks has been that so far nothing has been published in written form or formally promulgated.

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ANGLO-AMERICAN PLAN SALISBURY ARRANGEMENTS
I. TRANSITION
Organization of Transition
Transfer of power to British Resident Commissioner, assisted by a UN presence and advised by a governing council. Formula undecided. Smith wants Council of State consisting of 4 whites (including himself as chairman) plus Muzorewa, Sithole and [Page 555] Chirau. The Africans want 3 Africans and Smith, plus an “independent” chairman chosen by the four.
Ceasefire
A ceasefire, negotiated in advance by the parties, would go into effect at the outset of the transition period, and would be monitored by the Resident Commissioner supported by the UN peacekeeping force. No plans have been made to negotiate with the major guerrilla forces for a ceasefire. The Salisbury participants are said to accept the view that as blacks are seen to take control of the government, support for the guerrillas, and thus the warfare, will dwindle. Disaffection for the war would reportedly be accelerated by an amnesty, the terms of which are not defined.
Elections
Electoral process to be free and impartial, administered by the Resident Commissioner, supported by the police and the UN presence. Exact electoral process not yet specified—presumably to be carried out by the “transitional Administration” on which there is still disagreement.
Police and Armed Forces
At the beginning of transition, the Resident Commissioner will appoint a new police commissioner, and UN police observers will monitor police activities. The armed forces, under command of the Resident Commissioner and monitored by the UN force, will be restructured into the new Zimbabwe National Army, based on the liberation forces with acceptable elements of the current Rhodesian Defense Forces. No changes have been announced concerning the police. There has been reportedly an agreement that ex-guerrillas will be eligible for the Rhodesian Defense Forces which will presumably remain Zimbabwe’s military arm.
International Presence
The Anglo-American plan calls for a Special Representative of the UN Secretary General, who would assist the Resident Commissioner, a UN peacekeeping force, UN civilian police observers, and additional UN presence to observe the election. Some hope has been expressed to the press in Salisbury that there would be international observers for the election, perhaps from Britain, as well as the world press. But it may be difficult to obtain international recognition of the neutrality of any observers if Smith remains as Chairman of the Council of State.
II. CONSTITUTIONAL PRINCIPLES
Form of Government
Mixed Presidential-Parliamentary system. President is chief executive, elected by an absolute majority of the newly elected members of Parliament, who must have declared their Presidential preferences in advance. Form of government not specified, but presumably present Parliamentary system would continue.
Representation
100-person National Assembly to be chosen in 1-man, 1-vote elections; 20 specially elected members to represent interests of minorities. Specially elected seats can be eliminated after 8 years. Reportedly, 100-person National Assembly, divided between 72 seats chosen on common roll, 20 seats chosen by whites-only roll, 8 seats nominated by present Parliament (this ensures all 28 seats will be controlled by present government). Need for white seats to be reviewed after 10 years.
Constitutional Amendment
Some constitutional provisions (Bill of Rights, Specially Elected Members, Amendment of Constitution) are “entrenched” and cannot be amended for 4–8 [Page 557] years, and then only after general election, and must gain 2/3 vote in Parliament. In effect, 28 whites in Parliament can block changes in “entrenched” clauses in constitution, which still must be defined.
Bill of Rights
Provides for right to life, liberty; protection from slavery and deprivation of property without compensation; privacy of home and property; fair trials; freedom of conscience and expression; private schools; freedom of association, freedom of movement, and freedom from discrimination. Agreement has apparently been reached that the constitution should have a Bill of Rights, but no details on what rights should be protected have emerged.
Independent Judiciary
Judges to be appointed by President; subject to discipline of Judicial Review Commission. Reportedly agreed that independent judiciary necessary; no further details. Present personnel may continue in office.
Public Service Commission
Appointed by President for fixed term, will have power to appoint persons to all civil service positions except for certain specified, politically sensitive posts to be filled by the President, or under purview of the courts or the Parliament (staff positions). Three-man Public Service Commission agreed, with one black reportedly to be appointed per year for three years. Purpose said to be “to maintain standards.” Presumably most present officeholders will stay on.
Pensions
Pensions of officers compulsorily retired to facilitate reconstruction of civil service can be freely remitted abroad. Other pensions to be discussed. (Indirect facilitation of payment of pensions would be made through Zimbabwe Development Fund.) Pensions guaranteed, and may be freely remitted abroad.
Dual Citizenship
Whether to allow dual citizenship subject for further discussion. If not allowed, five-year grace period for dual nationals to make decision of which to choose. Dual citizenship reportedly guaranteed.
  1. Source: Carter Library, Plains File, Subject File, Box 38, State Department Evening Reports, 2/78. Secret. Carter initialed the memorandum.
  2. See footnote 4, Document 189.
  3. Confidential.
  4. See footnote 2, Document 188.